The Russellville Democrat., 1887-04-27


the Interstate Commission put forth
this clear definition Of the scope Of
the law:
AS TO SECTION 4.
Section empowers us upon appli-
cation by a common carrier to au-
thorize such common carrier in spe
cial cases to charge less for longer
than for shorter distances, over the
same line; and also to prescribe the
extent of relief from operation of the
former part Of the same section which
a designated common carrier may
from time to time enjoy Il large
number Of petitions have been filed
under this section, the consideration
/ of which is at this time engaging
the attention OF the Commission,
and nothing said IN this opinion is
to be treated as in manner bearing
thereon. It's obvious that appll
cations hike those of the railway con
ducters and the Traders and Trav-
ellers' Union have no relation what
ever TO the duties imposed upon US
by section 4. And this is the only
section Of the law which the
Commission has power to suspend
or relax.
CONGRESS NOT TO MANAGE RAILROADS.
Congress has not taken the man
agement Of the railroads out of the
hands of the railroad companies.
1t has simply established certain
principles under which interstate
has enacted in section | that all
charges for interstate transportation
s'shall be reasonable and JUST" has
prohibited In section all manner OF
unjust Determinations; has forbid
den in section 3 all undue and I'M
reasonable preferences and advanta
ges; has required in the same sec
tion reasonable and equal facilities
for the Interchange OF traffic and has
prohibited in section ) the pooling
of freights. That in substance, is
the interstate commerce law.
NOTHING NOVEL IN THE LAW.
There is nothing novel in these pro
visions. They simply bring back
the business OF the common carriers
to the well-settled principles of com
mon law. Yet no one can deny that
there was urgent need Of their stat
uary formulation. Alleged Difficult.
ties in putting them In operation on
~ disclose examples Of the extent to
which thay have been violated in
the past
These sections Of the act are ex.
pressed in plain words. A eonstuc-
ton must be given to them in the
first instance by the carriers and
their patrons. When a couse of con
duet has been adopted, of which
complaint is matte that 1t violates
the law, the decision of the question
viii rest with the courts or with the
Commission, as the com
planning party may elect. This is
the orderly method in which all leg
lslation is administered and applied. |
and the statute in question presents
no exception.
GOcD fAAIh ALONE REQUIRED
One more suggestion may properly !
be added. 1t appears from the nu-
merous petitions that have been be-
fore us for preliminary advice, many
Of them obviously upon the sugges-
ton if lot by procurement of the
carriers themselves, that comment on |
the law by the carriers and those who /
heretofore enjoyed special favors at
their hands, describes the system of /
penalties which the law provides as
extreme, and the risks imposed upon |
unintentional and unwilling viola /
tiers of Its provision as enormous. /
Such comment seems to us neither /
fair nor just. 1t is true that section
s provides that for violation of the /
law, and for failnre to do an act
which the law requires. the offend
ing carrier shall be liable to the in.
jured party for the actual dam
ages sustained, together with a rea-
sonable counsel or attorneys fee, to
be fixed by the Court, and to be col
lected With the costs in the case.
1t is also true that section 10 imposes
a fine of mot to exceed $4,000 up
on common carriers and their off
GERS, agents and servants, who will
fully do or cause to be done, or will
Ingly suffer or permit to be done,
any prohibited act, etc, upon con
yicuon in a district court of the
United States. The civil remedy
described in section s adds an attor-
ney's fee TO the existing commoa
law right OF any injured party to re-
cover the full amount Of his DANA
ges, condition of affairs which can.
not greatly alarm corporations dis
posed to fair dealing; while the erin
inal remedy given in section 10 ob
ylously pertains to intentional
violators of the law, and Is in these
cases to be graduated by the court ac-
cording TO the enormity of the Of
tense. Good faith, exhibited in an
honest effort to carry out the re-
quirements OF the law will Involve
reasonable and fair minded officials
in no danger Of fines. The elastici-
ty of the statute in their favor is no
tieeable. The unjust discrimination